"Marriage was defined by God at creation as between a man and a woman and no rhetoric or judicial gymnastics can alter that. Congress simply recognized that immutable, self-evident truth when it passed the Defense of Marriage Act. When judges start attacking traditional marriage and the laws of nature, one wonders whether they ever learned the difference between boys and girls. Activist judges have been rewriting the Constitution for decades and now are attempting to destroy one of the most foundational principles of our society."

Last year a federal district court judge in Massachusetts held that the federal definition of marriage in DOMA as "only a legal union between one man and one woman" was unconstitutional because it denied certain federal benefits to same-sex couples "married" in Massachusetts. President Obama's Department of Justice (DoJ) is defending the law in court, but has abandoned most of the arguments that support the traditional definition of marriage.

Doing the job the DoJ will not do, the Foundation in its brief defended the traditional definition of marriage as given by God when He created man and woman, a definition that has been sustained throughout the common law and American law. The Foundation asserts those interests raised by Congress when it passed DOMA: supporting marriage and responsible procreation and defending traditional notions of morality. The Foundation urged the appeals court to interpret the Constitution as the Framers intended instead of rewriting the Constitution to fit a radical, liberal agenda.

The Foundation for Moral Law, a national non-profit legal organization, is located in Montgomery, Alabama, and is dedicated to restoring the knowledge of God in law and government through litigation and education relating to moral issues and religious liberty cases.